Kevin E. Warner

Kevin Warner serves as lead counsel for clients in the life sciences industry.

His practice encompasses representing clients in patent and trade secret disputes, antitrust litigation and other complex commercial disputes. His practice has a particular focus on Hatch-Waxman, disputes, biosimilars litigation and lawsuits involving medical devices. He has represented clients such as Teva Pharmaceuticals, Sandoz, Amneal Pharmaceuticals, Actavis, Warner-Chilcott, Watson Laboratories, Impax Laboratories, MSN Laboratories, Sun Pharmaceuticals, Caraco Pharmaceutical Laboratories, Alkem Laboratories, Apotex, Abbott Laboratories and Natco Pharmaceuticals.

Mr. Warner has been described by clients as ‘highly intelligent, determined, and eager to win.’ (TheLegal 5002016). He has extensive experience representing clients as trial counsel in jury trials, bench trials and private arbitrations. And his courtroom experience includes leading trial teams, cross- and direct-examination of all manner of fact and expert witnesses, and arguing critical motions from the pleading stage through post-trial arguments. Prior to trial, Mr. Warner regularly advises clients on product development with litigation implications in mind; patent certification strategy and accompanying legal opinions; court versus USPTO post-grant proceeding options, and venue issues; pleading strategies; all phases of fact and expert discovery, including significant experience with international discovery disputes; jury research; and launch risk and damages analyses.

Outside of the pharmaceutical arts, Mr. Warner has represented companies in a variety of patent cases. He represented FieldTurf USA, Inc., for example, in patent litigation concerning artificial turf surfaces. A jury found that his client’s patent was valid and willfully infringed, and awarded $30 million in damages—the largest patent verdict ever in that venue at the time. Mr. Warner also has represented Fortune 500 companies, like Microsoft Corporation, in patent litigation.

In the antitrust context, Mr. Warner defended against consumer antitrust claims concerning Nolvadex® (tamoxifen citrate) and helped the client obtain favorable dispositive rulings before the district court, Court of Appeals, and Supreme Court of the United States. He has also experience representing clients in whistleblower actions and related government investigations, and has served as a trusted corporate legal adviser.

Outside of the litigation context, he has significant experience advising clients about intellectual property issues such as freedom to operate opinions, licensing and diligence due associated with various business transactions.

PREVIOUS EXPERIENCE

Prior to joining Rakoczy Molino Mazzochi Siwik LLP, Mr. Warner was a partner at Winston & Strawn LLP.

REPRESENTATIVE CASES

• Sumitomo Dainippon v. Emcure et al. Litigation concerning Latuda® (lurasidone).
• Abraxis Bioscience v. Actavis. Litigation concerning Abraxane® (pactliaxel).
• Teva Pharmaceuticals et al. v. Vanda Pharmaceuticals Inc. Litigation concerning Hetlioz® (tasimelteon).
• Exelixis v. MSN Laboratories, Inc. Litigation concerning Cabometyx® (cabozantinib).
• Intercept Pharmaceuticals v. Apotex et al. Litigation concerning Ocaliva® (obeticholic acid).
• Meda v. Apotex. Litigation concerning Dymista® (fluticasone/azelastine).
• Galderma v. Amneal Pharmaceuticals. Litigation concerning Oracea® (doxycycline).
• Merck v. Warner Chilcott. Litigation concerning NuvaRing® (etonogestrel/ethinyl estradiol).
• Endo and Mallinckrodt v. Impax Laboratories. Litigation concerning Opana® (oxymorphone).
• In re: Oxycontin Antitrust Litigation. Litigaiton concerning Oxycontin® (oxycodone).
• Celgene Corp. v. Natco Pharma Ltd. Litigation concerning Revlimid® (lenalidomide).
• In re Armodafinil Patent Litigation. Litigation concerning Nuvigil® (armodafinil).
• AstraZeneca AB v. Sun Pharma Global FZE. Litigation concerning Nexium I.V.® (esomeprazole sodium).
• Daiichi Sankyo v. Impax Laboratories. Litigation concerning Welchol® (colesevelam).
• Genzyme Corp. v. Impax Laboratories. Litigation concerning Renvela® (sevelamer carbonate) and Renagel® (sevelamer hydrochloride).
• Celgene Corp. v. Barr Laboratories. Litigation concerning Thalomid® (thalidomide).
• Cephalon v. Mylan Pharmaceuticals, et al. Litigation concerning Provigil® (modafinil).
• Savient Pharmaceuticals, Inc. v. Duramed Pharmaceuticals, Inc. Litigation concerning Mircette®.
• Chiron Corp. and The Rockefeller University v. Abbott Laboratories. Litigation concerning Humira® (adalimumab).
• Sutura Inc. v. Abbott Laboratories. Litigation concerning vascular closure devices.
• Church & Dwight v. Abbott Laboratories. Litigations concerning immunoassays for the detection of pregnancy or ovulation.
• FieldTurf Tarkett v. AstroTurf, Inc. Litigation concerning artificial turf surfaces.

PRO BONO ACTIVITIES

Mr. Warner served as lead counsel representing prisoners in their Federal §1983 claims alleging physical injury and inadequate medical treatment. His other pro bono engagements included the representation of disabled and disadvantaged children seeking supplemental social security income; representation of special needs students in the Chicago Public Schools system; and representation of individuals seeking Certificates of Good Conduct to improve employment prospects.